A titularidade dos serviços públicos de água e esgoto nas regiões metropolitanas

Abstract

In Brazil, unfortunately, not all the population has access to water and sewage services, although these are considered essential public services and also a fundamental right. Currently, 83.6% of the population has access to the treated water system and 53.2% to the sewage system; nevertheless, only 46.3% of the sewage generated in the country is effectively treated. Water and sewage services are essential for the prevention of various diseases, in addition to their paramount role on the environment, tourism and quality of life. Investment in basic sanitation is efficient because according to the WHO, for every US$ 1.00 (one dollar) invested in basic sanitation, almost US$ 5.00 (five dollars) are saved in public health expenses. That is why the universal access to these services has been a long-standing concern, which started at the time the legal framework of PLANASA was set, and was followed by Law No. 11445/2007, then the PLANSAB and up to the current legal framework set by Law No. 14026/2020. It is estimated that investments of approximately R$ 300 billion over a period of 20 years must be made so that the universalization of water and sewage services can be achieved in the country. Taking into account that the Public Power is currently facing a fiscal crisis, the participation of the private sector in basic sanitation is rather relevant, provided that clear rules are set as an incentive for private individuals to have their proper participation. This paper aims to analyze the characteristics of water and sewage services and the mechanisms of delegation of such services to the private sector, especially within the metropolitan regions – the main object of this study is the ownership of water and sewage services in metropolitan regions, focusing on the analysis of the situations in the regions around the capital cities of the southern states of Brazil. The study points out that there is no consensus as to such ownership in the jurisprudence or in the doctrine, and the legal norm that deals with the topic may not be sufficient to settle the controversy. As a practical result of this piece of work, a constitutional amendment is presented.